Legal Advice on Hooning Issue and Relevant Legislation, CJSCOM401

This assignment provides legal advice on addressing the issue of hooning, which is defined as anti-social behaviour in motor vehicles. It explores the concept of the rule of law and the separation of powers, as well as the six-stage process of passing a bill in Queensland. The assignment also outlines the role of the Queensland Police Service (QPS) and relevant legislation, including the Criminal Code and the Road Use Management Act, in dealing with hooning offences. Furthermore, it highlights various community groups, such as Caxton Legal Centre Inc., QLD Council of Social Services (QCSS), and Nundah Neighbourhood Centre & Community Legal Service, that can offer assistance. The assignment concludes with recommendations for the reader to seek help from these community groups and to understand the legal processes involved.

RUNNING HEAD: CRIME OF JUSTICE
Crime of Justice

CRIME OF JUSTICE
Date:
To:
From:
Subject: Legal Advice on how to deal with hooning issue and relevant legislation, which
deals with the concerned issue.
Dear Ms Rock,
Introduction
This is to recommend you on the concerned issue i.e. hooning in the neighbourhood. The
advice will be highlighting the relevancy on the given issues. The followings issues will be
dealt in accordance with the situation as provided in the present scenario. Hooning is a very
common issue in Australia. The term hooning is a very popular term, which is used for any
anti-social behaviour performed in a motor vehicle- a vehicle, van or motorcycle- such as
speed, road racing and vehicle stereo playing loud music. This email will describe about the
rule of law, separation of powers. It will also describe about the six-stage process, which is
undertaken by the legislature to pass a bill. Furthermore, it will provide brief information that
how police service may assist with this issue and details of community group, their details.
Rule of Law
As you are unaware of law, so before initiating the hoon issue it is necessary for you to
understand how law will help you to overcome with this issue and the concept of rule of law.
The term rule of law means that the law governs every person. The rule of law is the notion
that the both state and citizens understand and obey the law (Crawford, 2017). It represents
that the supremacy of law supersede the supremacy of individual will. Whereas the doctrine
of separation of powers is complicated and controversial concept, and the extent to which it
promotes the rule of law therefore depends in part, on how its conditions are understood
(Gray, 2016).
In separation of power, the authority to govern should be allocated among the Parliament, the
Executive and the Judiciary in order to prevent having all the authority of one group. Each
group should operate within specified fields of accountability in order to monitor each other’s
behaviour (Aroney et al., 2015). The judiciary along with parliament and the executive is one
of the three branches of government. The judiciary is autonomous from the other two public
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weapons. This independence is one of a democracy’s most essential safeguard and is based
on the rule of law. In rule of law, every individual is entitled to be heard by an independent
and impartial court. Tenure security is an important part of judicial independence so that the
government does not influence judge’s decisions (Peabody, 2011). Judicial independence
protects the rights and privileges given by a restricted constitution and prohibits executive
and legislative infringement of those freedoms. It serves as a basis for the rule of legislation
and democracy (Steiner, 2015). Therefore, by filing a complaint before proper authority will
help you to deal with hoon issue.
Six Stage Process
Since you believe that, the police should bring in new laws to stop hoon issue it is necessary
to understand the six-stage procedure, which is adopted by legislature to bring new laws. In
Queensland (QLD), the legislation making method differs based on the type of the bill
implemented and whether the bill is urgent (Paulsen & Paulsen, 2017). A bill is a suggestion
for legislation, either a fresh law or change to a current legislation, for consideration by
Parliament (Rogers & Walters, 2015). Most of the bills proposed in parliament are public
bills, and it is the responsibility of minister to introduce them. Individual parliamentarians
(MPs) may also introduce bills, which are known as bills for private members (Dosen et al.,
2013).
Parliamentary Stages of a Bill:
A bill is passed through various stages or steps, these are as follows:
1. Presentation and first reading:
The bill and tables and explanatory notes are introduced by the minister. He
nominates a portfolio committee to consider the bill. The minister then explains the
bill. That is called the Explanatory Speech. The minister requests that the bill be read
for the first time after explanatory speech.
2. Committee consideration and its report:
Each committee consists of a group of parliamentary members of both government
and non-government. A commission in the Legislative Assembly can examine
problems in more detail than is feasible. A report shall be prepared then based on the
information gathered. Whereas, once a commission has completed its study, the paper
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will be tabled in Parliament and the appropriate draft law will be included in the
Notice Paper for discussion in second reading.
3. Second reading:
The minister who has the charge of the bill moves the motion of second reading. The
minister has other chance to discuss about the bill.
4. Consideration-in-detail:
The other stage is consideration of bill in which bills are examined clause by clause.
5. Third Reading:
The minister who has the charge of bill moves the third reading motion. This is the
Parliament’s last chance to consider the law.
6. Royal Assent:
The Governor signs the two parchment copies of bill on behalf of Queen. Once it is
assented then it is known as an Act of Parliament (Wanna & Arklay, 2012).
Thus, it can be said passing a new law is a complex procedure. It can take time to
enact new laws so you might have to be patient.
Role of QLD Police Service and related legislation:
The QLD Police Service (QPS) has created a variety of enforcement policies and programs to
target people and organisations who persist in riding cars in a way that generates unnecessary
danger to other road users. This group, typically called as ‘hoons’, tends to carry out
organized illegal street racing in cars that are often faulty and are not roadworthy (Porter &
Prenzler, 2012). One of the QLD’s mechanisms for reducing the incidence of road trauma is
the ability of police to confiscate cars for honing associated driver behaviour. This police
authority is frequently referred to as the “anti-hoon law”. As per The Police Powers and
Responsibilities and Another Act Amendment Bill 2002, the police officer has power to
impound a car used in the commission of a prescribed offence for a specified period. The act
also provides powers for QLD police to handle excessive noise emitted in a car by a radio,
CD player or other devices. There are various legislations, which makes honing as offence.
Following are some of the legislation, which deal in this respect:
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 Sec 328A of the Criminal Code states any act committed on road or in public place in
contravention to the rules shall be deemed as offence in this section.
 Section 83, 85 of Road Use Management Act also defines that any person, who drives
vehicle on road without due diligence and attention for the other people using the
road, shall be deemed liable under these sections.
Police is taking help of local people and community to gather information regarding hoons on
local streets and area. With the rise in crime, it is difficult to avoid crime by police alone, but
police can readily stop crime with the assistance of community. One of the fields promoted in
community based crime prevention is the establishment of community based advisory boards.
These communities help to prevent crime and to maintain order and peace within the area.
This community consultative committee plays an important role in educating the society in
the realities of crime. Without the help of this community, police operations in crime
prevention are unlikely to be effective.
List of Community Group and their details:
There are various community groups, which help individuals to deal with the matters relating
to offence. Some of them are as follows:
1. Caxton Legal Centre Inc.:
This community service provider is an independent organisation, which provides free
legal advice and social work services. This organisation will assist you in dealing with
your problem. As they are law expert, too so they can help you in dealing with law as
well as social issues.
Contact details: 1 Manning Street, South Brisbane QLD 4101. T: 0732146333.
2. QLD Council of Social Services (QCSS):
This community group aims at to provide equality, opportunity and wellbeing to
every individual. They can help you in solving your issue by bringing people together
of your area.
Contact Details: Ground Floor, 20 Pidgeon Close, West End, QLD, 4101. T:
0730046900
3. Nundah Neighbourhood Centre & Community Legal Service:
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The aim of this community group is to provide services and free legal aid to the local
community. This community group can help an individual to solve their concerns and
can assist you in understanding the law relating to honing.
Contact Details: 14 Station Street, Nundah QLD 4012. T: 0732606820
As per the research, it is advised to you that, before pursuing to deal with issues
please go through the all details. As passing a new laws take time, so you can seek
help from community group, which help people.
Yours Faithfully,
(Your Name)
Volunteer, Cordelia Legal Centre
1 Cordelia Street, South Brisbane QLD 4101
Phone: [phone]
Fax: [phone]
Email: [e-mail]
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Bibliography
Aroney, N., Gerangelos, P., Murray, S. & Stellios, J., 2015. The Constitution of the Commonwealth of
Australia. Cambridge: Cambridge University Press.
Crawford, L.B., 2017. The Rule of Law and the Australian Constitution. Washington: Federation Press.
Dosen, A. et al., 2013. Investigating Legal Studies for Queensland. Cambridge: Cambridge University
Press.
Gray, A., 2016. Criminal Due Process and Chapter III of the Australian Constitution. Washington:
Federation Press.
Paulsen, M.S. & Paulsen, L., 2017. The Constitution:An Introduction. New York: Basic Books.
Peabody, B., 2011. The Politics of Judicial Independence:Courts, Politics, and the Public. Baltimore:
JHU Press.
Porter, L. & Prenzler, T., 2012. Police Integrity Management in Australia:Global Lessons for
Combating Police Misconduct. Florida: CRC Press.
Rogers, R. & Walters, R., 2015. How Parliament Works. Abingdon-on-thames: Routledge.
Steiner, E., 2015. Comparing the Prospective Effect of Judicial Rulings Across Jurisdiction. Berlin:
Springer.
Wanna, & Arklay, T., 2012. The Ayes Have It: The History of the Queensland Parliament. Canberra:
ANU E Press.
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